GOVERNMENT OF MAHARASHTRA

LAW AND JUDICIARY DEPARTMENT

MAHARASHTRA ACT No. XXX OF 2006

THE MAHARASHTRA PRIVATE PROFESSIONAL EDUCATIONAL
INSTITUTIONS (RESERVATION OF SEATS FOR ADMISSION
FOR SCHEDULED CASTES, SCHEDULED TRIBES, DE-NOTIFIED
TRIBES (VIMUKTA  JATIS),  NOMADIC TRIBES AND  OTHER
BACKWARD CLASSES) ACT, 2006.

( As  modified  upto  13th  December  2018 )

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THE  DIRECTOR,  GOVERNMENT  PRINTING,  STATIONERY  AND  PUBLICATIONS,

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2018

[ Price––Rs. 19.00 ]

2006 : Mah. XXX ]

THE MAHARASHTRA PRIVATE PROFESSIONAL EDUCATIONAL
INSTITUTIONS (RESERVATION OF SEATS FOR ADMISSION
FOR SCHEDULED CASTES, SCHEDULED TRIBES, DE-NOTIFIED
TRIBES (VIMUKTA  JATIS),  NOMADIC TRIBES AND  OTHER
BACKWARD CLASSES) ACT, 2006.

CONTENTS

PREAMBLE.

SECTIONS.

1. Short title, extent and commencement.

2. Definitions.

3. Applicability.

4. Reservation in Aided Private Professional Educational Institutions.

5. Reservation in Unaided Private Professional Educational Institutions.

6.

Irregular admissions void.

7. Penalty.

8. Protection  of action  taken  in good  faith.

9. Power to make rules.

10. Provisions  of  the Act  to  be  in  addition  to  any  other  law.

11. Provisions not to prohibit Minority Educational Institutions from

making reservations.

12. Power to remove difficulty.

13. Repeal of Mah. Ord. V of 2006 and saving.

2006 : Mah. XXX ]

MAHARASHTRA ACT No. XXX OF 2006 

1.

[THE MAHARASHTRA PRIVATE PROFESSIONAL EDUCATIONAL INSTITUTIONS
(RESERVATION OF SEATS FOR ADMISSION FOR SCHEDULED CASTES, SCHEDULED
TRIBES, DE-NOTIFIED TRIBES (VIMUKTA JATIS), NOMADIC TRIBES AND OTHER
BACKWARD CLASSES) ACT, 2006.]

(This  Act  received  the  assent  of  the  Governor  on  the  29th  July  2006;  assent  was  first
published in the Maharashtra Government Gazette, Extraordinary, Part IV, on the 1st August
2006.)

An Act  to  make  special  provisions  for  reservation  of  seats  for  admission  for  Scheduled
Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes and Other Back-
ward Classes in Private Professional Educational Institutions; and for matters connected there-
with or incidental thereto.

WHEREAS, the Supreme Court, in the case of P. A. Inamdar and Others versus State of
Maharashtra (reported in (2005) 6 SCC 537), has held that neither can the policy of reservation
be  enforced  by  the  State  nor  can  any  quota  or  percentage  of  admission  be  carved  out  to  be
appropriated  by  the  State  in  Private  Professional  Educational  Institutions;

AND  WHEREAS  in  order  to  protect  the  interests  of  any  socially  and  educationally
backward classes of citizens or the Scheduled Castes or the Scheduled Tribes, article 15 of the
Constitution  of  India  has  been  amended  by  the  Constitution  (Ninety-third Amendment) Act,
2005,  by  adding  clause  (5)  thereto,  which  empowers  the  State  to  make,  by  law,  a  special
provision  for  the  advancement  of  those  classes,  castes  and  tribes,  in  so  far  as  such  special
provisions  relate  to  their  admission  to  educational  institutions,  including  private  educational
institutions, whether aided by the State or not, other than the minority educational institutions
referred to  in clause  (1) of  article 30  of the  Constitution;

AND  WHEREAS  both  Houses  of  the  State  Legislature  were  not  in  session;

AND WHEREAS the  Governor of Maharashtra was satisfied  that circumstances existed
which  rendered  it  necessary  for  him  to  take  immediate  action  to  make,  by  law,  special
provisions  for  reservation  of  seats  for  admission  for  Scheduled  Castes,  Scheduled  Tribes,
De-notified  Tribes  (Vimukta  Jatis),  Nomadic  Tribes  and  Other  Backward  Classes  in  Private
Professional  Educational  Institutions;  and  for  matters  connected  therewith  or  incidental
thereto;  and,  therefore,  promulgated  the  Maharashtra  Private  Professional  Educational
Institutions  (Reservation  of  seats  for  admission  for  Scheduled  Castes,  Scheduled  Tribes,
De-notified Tribes (Vimukta Jatis), Nomadic Tribes and Other Backward Classes) Ordinance,
2006, on the 16th June 2006;

Mah.  Ord.  V
of  2006.

AND  WHEREAS  it  is  expedient  to  replace  the  said  Ordinance  by  an  Act  of  the  State
Legislature;  it  is  hereby  enacted  in  the  Fifty-seventh  Year  of  the  Republic  of  India  as
follows  :––

1.

(1) This  Act  may  be  called  the  Maharashtra  Private  Professional  Edcucational
Institutions  (Reservation  of  seats  for  admission  for  Scheduled  Castes,  Scheduled  Tribes,
De-notified Tribes (Vimukta Jatis), Nomadic Tribes and Other Backward Classes) Act, 2006.

Short  title,
extent  and
commence-
ment.

(2)

It  shall extend  to the  whole  of the  State of  Maharashtra.

(3)

It shall  be deemed  to have come  into force on  the 16th  June 2006.

1

For  Statement  of  Objects  and  Reasons  (English),  see  Maharashtra  Government  Gazette,  Extraordinary,
No.  42,  Part  V-A,  dated  the  3rd  July  2006,  p.283.

2

Maharashtra  Private  Professional  Educational
Institutions (Reservation of Seats for admission for Scheduled
Castes,  Scheduled  Tribes,De-Notified  Tribes  (VimuktaJatis)
Nomadic  Tribes  and  Other  Backward  Classes)Act,  2006.

[ 2006 : Mah. XXX

Definitions.

2.

In  this Act,  unless  the  context  otherwise  requires,  ––

(a)

“Aided  Private  Professional  Educational  Institution”  means  a  Private  Professional
Educational Institution, excluding a Minority Educational Institution referred to in clause (1)
of  article  30  of  the  Constitution,  receiving  recurring  financial  aid  or  assistance  in  whole
or in  part from  the Government,  or from  any body  under the  control of  the Government;

(b)

“Appropriate Authority”  means,  the  Medical  Council  of  India,  the  Dental  Council
of India, the Central Council of Indian Medicine, the All India Council of Technical Education,
and  includes  any  other  authority  established  by  law  that  governs  or  controls  the  conduct  of
a  particular professional  course  or educational  discipline;

(c)

“Creamy  Layer”  means    the  category  of  ‘Creamy  Layer’  as  declared  by  the  Social
Justice, Cultural Affairs and Special Assistance Department of the Government, on the basis of
income, by general or special orders, issued from time to time;

(d)

“De-notified  Tribes  (Vimukta  Jatis)”  means  the  Tribes  declared  as  such  by  the

Government, from time to time;

(e)

“Government” means the Government of Maharashtra;

( f  )

“Minority  Educational  Institution”  means  a  Private  Professional  Educational
Institution  administered,  managed  and  controlled  by  a  minority  and  shall  include  any  such
educational  institution  declared  by  the  Government  to  be  an  institution  entitled  to  enjoy  the
protection  granted  under  clause  (1)  of  article  30  of  the  Constitution;

(g)

“Nomadic  Tribes”  means  the  Tribes  wandering  from  place  to  place  in  search  of

their livelihood, as declared by the Government, from time to time;

(h)

“Other  Backward  Classes”  means  any  socially  and  educationally  backward  classes
of citizens  as declared by  the Government and includes  Other Backward Classes  declared by
the Government  of India  in relation to  the State  of Maharashtra;

(i)

“Private Professional Educational Institution” means any College, School, Institute,
Institution  or  other  body,  by  whatever  name  called,  conducting  any  professional  course  or
courses approved or recognized by the Appropriate Authority and affiliated to any University,
but  shall  not  include  any  such  institution  established,  maintained  or  administered  by  the
Central  Government,  any  State  Government,  any  local  authority  or  institution  declared  to
be Deemed University under section 3 of the University Grants Commission Act, 1956;

3  of  1956.

(j)

“Professional Course” means any educational course of study notified as such, from

time to time, by the Government in the Official Gazette;

(k)

“prescribed” means prescribed by the rules framed by the Government under this Act;

(l)

“Reserved  Category”  means  the  category  of  candidates  belonging  to––

(i)

the  Scheduled  Castes  and  the  Scheduled  Tribes;

3

2006 : Mah. XXX ]

Maharashtra  Private  Professional  Educational
Institutions (Reservation of Seats for admission for Scheduled
Castes,  Scheduled  Tribes,De-Notified  Tribes  (VimuktaJatis)
Nomadic  Tribes  and  Other  Backward  Classes)Act,  2006.

(ii)

the  De-notified  Tribes  (Vimukta  Jatis),  Nomadic  Tribes,  and  Other  Backward

Classes and who are not falling in Creamy Layer;

(iii)

“Sanctioned  Intake”  means  the  total  number  of  seats  sanctioned  or  approved
by  the  Appropriate  Authority  for  admitting  candidates  in  a  single  academic  year  in  each
Professional Course of study or discipline in a Private Professional Educational Institution;

(n)

“Scheduled  Castes”  and  “Scheduled  Tribes”  shall  have  the  meanings  respectively

assigned  to  them  in  clauses  (24)  and  (25)  of  article  366  of  the  Constitution;

(o) Unaided Private Professional Educational Institution” means a Private Professional

Educational Institution,  not being an Aided Private Professional  Educational Institution;

Mah.  X  of
1999.

Mah.  XXXV
of  1994.

3  of  1956.

(p)

“University” means the Maharashtra University of Health Sciences constituted under
the Maharashtra University of Health Sciences Act, 1998, or any other University constituted
or  deemed  to  have  been  constituted  under  the  Maharashtra  Universities Act,  1994,  but  does
not include any institution declared to be Deemed University under section 3 of the University
Grants Commission Act, 1956.

3. This Act shall apply to all Private Professional Educational Institutions in the State,

Applicability.

excluding the Minority Educational Institutions.

Reservation
in  Aided
Priva te
Professional
Educational
Institutions.

4.

(1)

In  every  Aided  Private  Professional  Educational  Institution,  seats  equal  to
fifty  per  cent.  of  the  Sanctioned  Intake  of  each  Professional  Course  shall  be  reserved  for
candidates  belonging  to  the  Reserved  Category.

(2) The  seats  reserved  for  candidates  belonging  to  the  Reserved  Category  under
sub-section  (1)  shall  be  filled  in  by  admitting  candidates  belonging  to  the  Scheduled
Castes,  Scheduled  Tribes,  De-notified  Tribes  (Vimukta  Jatis),  Nomadic  Tribes  and  Other
Backward  Classes,  respectively,  in  the  proportion  specified  in  the Table  below  :–

TABLE

Description  of  Caste/Tribe/Category/Class  of
Reserved  Category

Percentage  of  reservation

(1) Scheduled  Castes  and  Scheduled  Castes

converts  to  Buddhism

(2) Scheduled Tribes

(3) De-notified Tribes (A)

(4) Nomadic Tribes (B)

(5) Nomadic Tribes (C)

(6) Nomadic Tribes (D)

(7) Other Backward Classes

Total . .

13%

7%

3%

2.5%

3.5%

2%

19%

50%

4

Maharashtra  Private  Professional  Educational

[ 2006 : Mah. XXX

Institutions (Reservation of Seats for admission for Scheduled
Castes,  Scheduled  Tribes,De-Notified  Tribes  (VimuktaJatis)
Nomadic  Tribes  and  Other  Backward  Classes)Act,  2006.

Note.  ––  The  candidates  belonging  to  the  Special  Backward  Category  shall  be
considered  from  and  out  of  their  respective  original/parent  Reserved  Category  such  as
Other Backward Classes :

Provided  that,  if  candidates  belonging  to  the  Scheduled  Castes,  Scheduled  Tribes,
De-notified Tribes (A), Nomadic Tribes (B), Nomadic Tribes (C), Nomadic Tribes (D) or Other
Backward Classes  are not available  to fill  in the seats  reserved for the  said Castes,  Tribes or
Classes,  in  the  same  academic  year,  the  seats  shall  be  filled  in,  in  such  manner  as  may  be
specified, by Government by issuing an Order in the Official Gazette, from time to time.

Explanation.  ––  For  the  purposes  of  this  section,––

(i)

“De-notified  Tribes  (A),”  “Nomadic  Tribes  (B)”,  “Nomadic  Tribes  (C)”  and
“NomadicTribes  (D)”  shall  mean  such  Tribes  or  sub-Tribes,  declared  by  Government,  by
general  or  special  orders  issued  in  this  behalf,  from  time  to  time,  to  be  “the  De-notified
Tribes (A),” “Nomadic Tribes (B)” “Nomadic Tribes (C)” and “Nomadic Tribes (D)”;

(ii)

“Special  Backward  Category”  means  socially  and  educationally  backward  classes

of citizens declared as “Special  Backward Category” by the Government.

5.

(1)

In  every  Unaided  Private  Professional  Educational  Institutions,  the  seats  to
be  reserved  for  candidates  belonging  to  the  Reserved  Category  shall  be  such  as  may  be
notified  by  the  Government  from  time  to  time  in  the  Official  Gazette,  but  shall  not  exceed
fifty  per  cent.  of  the  Sanctioned  Intake  of  any  particular  Professional  Course.

(2) Out  of  the  seats  reserved  under  sub-section  (1)  for  the  candidates  belonging  to
the  Reserved  Category,  the  seats  to  be  filled  in  by  admitting  candidates  belonging  to  the
Scheduled Castes, Scheduled Tribes,  De-notified Tribes (Vimukta  Jatis), Nomadic Tribes and
Other  Backward  Classes,  respectively,  shall  be  in  the  same  inter  se  proportion,  and  in  the
manner,  specified  in  sub-section  (2)  of  section  4.

6. Any  admission  made  in  contravention  of  the  provisions  of  this Act  shall  be  void.

7. Whoever  contravenes the  provisions  of  this Act  or  the  rules made  thereunder  shall,
on  conviction,  be  punished  with  an  imprisonment  which  may  extend  to  three  years  and
with  a  fine  which  shall  not  be  less  than  twenty  lakh  rupees  but  which  may  extend  to  one
crore  rupees.

8. No  suit,  prosecution  or  other  legal  proceedings  shall  lie  against  any  authority  or
person  for  anything  done  or  purported  to  have  been  done  in  good  faith  in  pursuance  of
the  provisions  of  this Act  or  the  rules  made  thereunder.

9.

(1) The  Government  may,  by  notification  in  the  Official  Gazette,  make  rules  to

carry  out  the  purposes  of  this  Act.

(2) Every rule made under this Act shall be laid, as soon as may be, after it is made, before
each House of the State Legislature, while it is in session for a total period of thirty days, which
may be comprised in one session or in two or more successive sessions, and if, before the expiry
of the session in which it is so laid or the sessions immediately following, both Houses agree
in making any modification in the rule or both Houses agree that the rule should not be made,
and  notify  their  decision  to  that  effect  in  the  Official  Gazette,  the  rule  shall,  from  the  date
of publication of such decision in the Official Gazette, have effect only in such modified form
or be of  no effect, as the case may  be; so, however, that any such  modification or annulment
shall  be  without  prejudice  to  the  validity  of  anything  previously  done  or  omitted  to  be  done
under that rule.

Reservation
in  Unaided
Priva te
Professional
Educational
Institutions.

Irregular
admissions
void.

Penalty.

Protection of
action  taken
in  good
faith.

Power  to
make  rules.

5

2006 : Mah. XXX]

Maharashtra  Private  Professional  Educational

Institutions (Reservation of Seats for admission for Scheduled
Castes,  Scheduled  Tribes,De-Notified  Tribes  (VimuktaJatis)
Nomadic  Tribes  and  Other  Backward  Classes)Act,  2006.

10. The  provisions  of  this  Act  shall  be  in  addition  to  and  not  in  derogation  of  the

provisions  contained  in any  other  law  for  the  time in  being  in  force.

11. Notwithstanding  anything  contained  in  any  other  provisions  of  this  Act,  any
Minority  Educational  Institution,  whether  aided  or  not,  may  provide  for  reservation  in
admissions  to  Professional  Courses  for  candidates  belonging  to  the  Reserved  Category.

(1)

12.

If  any  difficulty  arises  in  giving  effect  to  the  provisions  of  this  Act,  the
Government may, as occasion arises, by an order published in the Official Gazette, do anything
not  inconsistent  with  the  provisions  of  this  Act,  which  appears  to  it  to  be  necessary  or
expedient for removing the difficulty;

Provisions
of  the  Act
to  be
in  addition
to  any
other  law.

Provisions
not  to
prohibit
Minority
Educational
Institutions
from  making
reservations.

Power  to
remove
difficulty.

Provided that, no suh order shall be made after the expiry of a period of two years from

the  date  of  commencement  of  this Act.

(2) Every order made under this section shall be laid, as soon as may be, after it is made,

before  each  House  of  the  State  Legislature.

Mah.  Ord.  V
of  2006.

13.

(1) The  Maharashtra  Private  Professional  Educational  Institutions  (Reservation
of  seats  for  admission  for  Scheduled  Castes,  Scheduled  Tribes,  De-notified  Tribes  (Vimukta
Jatis), Nomadic Tribes and Other Backward Classes) Ordinance, 2006, is hereby repealed.

Repeal  of
Mah.  Ord.  V
of  2006  and
saving.

(2) Notwithstanding  such  repeal  anything  done  or  any  action  taken  (including  any
notification  or  order  issued),  under  the  said  Ordinance,  shall  be  deemed  to  have  been  done,
taken  or  issued,  as  the  case  may  be,  under  the  corresponding  provisions  of  this  Act.

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